Catching You Up to Speed with Canada’s New Anti-spam Law

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Key takeaways

• CASL applies if you use email or SMS to contact customers and also if you install software or apps on customers’ devices.
• You must obtain express, documented consent before sending marketing email or text messages or installing an app on a consumer device.
• Keep transmissions transparent do not alter messages to redirect them to a different location.
• Do not send false or misleading content; avoid embellishments or untrue claims in emails and texts.
• Unethical data harvesting and covert installs (collecting data without consent or installing programs without owner knowledge) are prohibited.
• Enforcement comes from three agencies: the CRTC (monetary penalties), the Competition Bureau (monetary penalties or criminal sanctions) and the Office of the Privacy Commissioner (investigations).

Introduction

If you’re in the business of connecting with customers via marketed emails or SMS messages, you have probably heard that Canada’s new anti-spam legislation (CASL) is up and running this month. Of course, knowing that things have changed regarding marketing laws doesn’t do your organization much good if you’re not familiar with the new rules. With that in mind, let’s take a moment to do a quick crash course regarding the new legislation. From here, next week’s post on the subject will cover the basics of staying in compliance with the CASL as you roll out your next email or text marketing campaign.

Does CASL Affect You?

If you’re reading this article and you use email or SMS messages to connect with customers, the new anti-spam legislation directly affects how you conduct your operations on a daily basis. However, there are other facets of your business outlook that can also change based on the expanded coverage brought forth by this legal ruling. CASL also has specific regulations for any company that also installs software or programs on mobile phones or computers. Basically, if you have a branded app or download in addition to an email or text initiative, you’ll need to be extra careful as you move forward under this new system.

Express Consent

Now that we know who’s affected by this development, it’s time to look at the specifics of the regulations. First up is the concept of express consent and its role in the marketing process. At the core of every shady spam operation is the idea that quantity is better than quality. Naturally, the best way to boost numbers is to simply fire off emails to any address, regardless of whether or not the user wants these promotional messages. Under the new CASL laws, if you want to send an email, text message, or have your app installed on a consumer phone, express and documented consent is the only way to stay on the right side of the law.

Transparency In Transit

Outside of making sure everything’s crystal clear when it comes to asking for permission, the anti-spam legislation also takes aim at less than transparent communications. For instance, altering transmissions in order to have the message arrive at a different location is a major faux pas. Obviously, this is something that most legitimate brands aren’t interested in, but it’s still important to know about this technicality as it ties directly in with express consent and ensuring that the consumer always knows exactly what they’re receiving during a marketing operation.

False or Misleading Content

After covering how these messages arrive, the government’s new stance on the matter takes a look at what’s inside your messages. While this might seem a little nosy at first, the main issue here is that CASL wants to protect consumers from false or misleading emails and texts. Whether it’s slight embellishments or complete lies about products and services, hedging the truth for the sake of a great marketing push is a quick way to bring down sanctions and fines from the various branches covering the enactment of this new legislation.

Unethical Data Harvesting

The final big move from CASL covers unethical data harvesting during an electronic marketing campaign. Whether it’s prying into your audience’s personal life without their consent or keeping tabs via illegally acquired consumer data, this new set of legislation takes a firm stance on where morality fits into the marketing process. Additionally, infiltrating computer systems and installing programs without the knowledge and consent of the owner are also mentioned at length in this portion of the new legislation, giving the powers that be enhanced reach in the fight against unethical operations during the marketing process.

The Big Three

So what happens if you slip up and stick a toe over the CASL line? In this circumstance, be prepared to come in contact with at least one of the three government agencies responsible for enforcing the law. The Canadian Radio-television and Telecommunications Commission (CRTC) has the power to issue monetary penalties to violators of this anti-spam law. In conjunction with this new ability, the Competition Bureau has the right to pursue potential misconduct and seek monetary penalties or criminal sanctions. Finally, an amended version of the Personal Information Protection and Electronic Document Act gives the Office of the Privacy Commissioner extended authority to investigate illicit marketing operations occurring via text and email.

Now that you’re familiar with all the ins and outs of who administers CASL and what it covers, be sure to check in next week as we delve into the best ways to stay on the right side of this legislation and still make a major impact with your SMS and email campaigns.

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